The judgment below

This part of the claim for the retainer fee and value-added tax shall be reversed, and this part of the case shall be applied.

The grounds of appeal are examined.

1. Claim for agreed amount;

A. (1) Where there is an agreement between a lawyer and a client on the fees for retainers and value-added taxes, an attorney-at-law who has completed the delegated affairs may, in principle, claim all of the agreed fees.

However, in light of the ordinary relationship with the client, the course of the acceptance of the case, the process and difficulty of the case, the degree of effort, the value of the subject matter of lawsuit, the specific interest the client gained by winning the case, and other circumstances revealed in the pleading, the client may claim only the amount of remuneration within the reasonable scope exceptionally recognized, in exceptional circumstances where there are extenuating circumstances to deem that the agreed amount unfairly excessive is contrary to the principle of trust and good faith or the concept of equity.

(see, e.g., Supreme Court Decisions 91Da8722, Dec. 13, 1991; 2012Da50353, Mar. 27, 2014). However, the restriction on the right to demand remuneration is limited to the principle of freedom of contract, and thus, the court should clarify reasonable grounds therefor.

(see, e.g., Supreme Court Decision 2009Da40677, Sept. 10, 2009; Supreme Court Decision 2014Da18322, Jul. 10, 2014). Such a legal doctrine has been developed by the Supreme Court for a long time, and its validity still can be recognized even at present.

The reasons are as follows.

(A) The principle of private autonomy and freedom of contract is the basic principle of private law, establishing a foundation for regulating private legal relations.

However, this principle is not absolutely accepted without any limitation.

The Korean Civil Code declares the principle of good faith and prohibition of abuse of rights in general rules as an important principle of civil law.

The principle of good faith is a general principle that covers the entire legal order, and it preventss unfair results that may arise when applying the positive law or contract in a form and strict manner.